DuPont Titanium Dioxide Architectural Paint Class Action Settlement
All purchasers who either: (i) purchased Architectural Paint from a seller in a Damages State, or (ii) who reside in a Damages State and purchased Architectural Paint in the United States, provided that in either case the Architectural Paint purchased was for personal use and not for resale containing, in some form, Titanium Dioxide manufactured by one or more of the Defendants or co-conspirators, or any predecessors, parents, subsidiaries, or affiliates thereof from January 1, 2002 until December 13, 2017. The Damages States include: Arizona, Arkansas, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.
The pool for this settlement is only $3,500,000 making each potential settlement pretty small unless you have proof of purchase
Proof of Purchase
Jan Harrison, et al. v. DuPont, et al.Case No. 5:13-cv-01180-BLF District Court for the Northern District of California, San Jose Division
The central issue in the lawsuit is Plaintiffs’ allegations that the Defendants violated the antitrust laws by conspiring to fix, raise, maintain, and stabilize the price of titanium dioxide in violation of Section 1 of the Sherman Act, 15 U.S.C. and various state antitrust, unfair competition, unjust enrichment, and consumer protection laws. The Defendants deny all of Plaintiffs’ allegations of wrongdoing and assert defenses to Plaintiffs’ claims. In simpler terms, Plaintiffs claim Defendants made paint prices higher by illegally pricing titanium dioxide and Defendants deny they did anything illegal or that paint prices for consumers changed as a result of the price of titanium dioxide changing, up or down.
The Court has made no determination about the strengths or weaknesses of either Plaintiffs’ contentions or the Defendants’ defenses. Instead, to put an end to complex and expensive litigation, Plaintiffs and the Defendants have entered into a Settlement Agreement.